Legal Definitions - private zoning

Private zoning refers to land use restrictions and regulations established by private agreements, rather than by government entities. These rules are typically found in documents like property deeds, covenants, conditions, and restrictions (CC&Rs), or the bylaws of a homeowners' association (HOA). Unlike public zoning, which is enacted by a city or county government, private zoning is created and enforced by private parties, often to maintain property values, ensure a consistent aesthetic, or control specific activities within a defined community or development. Property owners who purchase land subject to these agreements are legally bound to follow them.

• Example 1: Homeowners' Association Rules

  Imagine a newly developed residential community where all property owners are automatically members of a homeowners' association (HOA). The HOA's governing documents include detailed rules stating that all houses must be painted in one of a few pre-approved color palettes, fences cannot exceed a certain height, and no recreational vehicles can be parked in driveways overnight. These rules are not enacted by the city council but are private agreements enforced by the HOA on its members.

  This illustrates private zoning because the HOA, a private entity, is dictating specific land use and aesthetic standards for properties within its jurisdiction, much like a government might use public zoning ordinances, but through private contractual agreements.

• Example 2: Restrictive Covenants in a Subdivision

  A developer creates an upscale subdivision and, when selling each lot, includes specific restrictive covenants in the property deed. These covenants might stipulate that no structure taller than two stories can be built, all front yards must be professionally landscaped within one year of construction, and no commercial businesses can operate from any residence. These restrictions are binding on all future owners of the properties in the subdivision.

  This is an example of private zoning because the developer, a private party, has imposed legally binding rules on how the land can be used and developed, ensuring a consistent character for the entire subdivision without direct government intervention.

• Example 3: Commercial Business Park Regulations

  Consider a privately owned and managed business park designed exclusively for technology companies. The park's master deed and tenant agreements include covenants requiring all buildings to adhere to a specific modern architectural style, prohibiting any manufacturing operations that produce significant noise or waste, and limiting signage to a uniform size and design. These rules are enforced by the park's management company or a business owners' association.

  This demonstrates private zoning as the private developer and management entity are establishing and enforcing specific land use and operational guidelines for businesses within the park, creating a controlled environment that aligns with their vision for the commercial space.